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M. Arafat Hermana
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Legal Study of Users of Prostitution Services Online According to Indonesian Legislation Rolinka Maryonza; M. Arafat Hermana; Ana Tasia Pase
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3892

Abstract

The internet is no longer just a necessity, but has also become a way of life for the people. The internet does not only have a positive side, such as Email, Facebook, E-Learning, E-Banking and E-Government, cyberspace also has a negative impact with the development of cybercrime, including in the field of decency, such as cyberporn, cyber prostitution, online sex and cybersex. Prostitution not only has an impact on those who do it, namely the behavior and service users, but also has an impact on the wider community. The purpose of this research is to find out the legal arrangements and legal studies on users of online prostitution services according to statutory regulations. The research method used in this research is normative research with a statutory approach and so on. Furthermore, the results of research and discussion, namely regulation and legal review are positive laws that regulate online prostitution, namely the Criminal Code, Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 44 of 2008 concerning Pornography. The punishment regulated in the above law explains only the punishment for service providers. The law does not regulate criminal provisions for service users in online prostitution crimes.
Juridical Analysis of Article 45 Paragraph 2 of Law Number 19 of 2016 Concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory Surya Kuswanto; M. Arafat Hermana; Ferawati Royani
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3895

Abstract

Gambling is a game where players bet to choose one option among several options where only one choice is correct and wins. The player who loses the bet will give his bet to the winner. Rules and bet amounts are determined before the game starts. Community disease in the form of gambling in 2021 as many as 198 cases have been revealed with 294 suspects. 612 Online Gambling Cases in 2022. This online gambling crime is very popular among young people and adults so that this crime is difficult to eradicate considering that access to technology is developing rapidly and provides the lure of wealth. Seeing the rise of gambling crime cases, the authors are interested in conducting this research, namely how to analyze Juridically Article 45 paragraph 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory. The theoretical framework is the rationale that explains from which angle a problem will be reviewed, namely the theory of social control and theory of law enforcement. The legal research methodology used is normative legal research or library research.The community is also required to cooperate with the government in addition to closing access to gambling websites, the community is also expected to be able to report this gambling activity which incidentally is not only done alone but can also be done together. Based on the theory of law enforcement, the activity of harmonizing the relationship of values ​​that is described in solid principles and attitudes as a series of final stages of value translation. To create, maintain and maintain social peace of life. This theory plays an important role in the emergence of a deterrent effect, so that strict punishment can set an example for the perpetrators of this gambling crime. According to the author, these things can provide a sense of justice for all Indonesian people.